Part of being a landlord is understanding that not every tenant is perfect, far from it! It’s never easy to cope with difficult tenants. In some situations, poorly-handled tenant complaints can escalate until you’re forced to give a tenant the boot which can cause a myriad of emotions with your tenant who may retaliate by causing damage to your property. While implementing solid tenant screening protocols and proactively addressing tenant damage can help mitigate the losses you might incur as the result of tenant damage to your property, it’s important to understand that recouping your costs might involve legal action.
Dealing with tenant damage to a rental property is never easy. In many cases, you get stiffed and end up having to foot the bill for the extra costs necessary to repair your property from a bad tenant. Nevertheless, landlord rights do exist, and you do have some recourse should a tenant trash your property after leaving on bad terms. What to do if a tenant damages property in Ontario?
Understanding Tenant Responsibilities
Being told that your lease isn’t going to be renewed or that you are being evicted can be a bitter pill to swallow. Many bad tenants tend to lash out and destroy property before they vacate your rental.
Luckily, if you’re dealing with tenant damage to property, Ontario has systems in place.
What Counts as Tenant Damage?
Tenants are required to repair or pay for the repair of any damage to your rental property that are beyond wear and tear from normal use. The law also holds the tenant liable for damage caused by their guests or other persons living in the rental unit. Instances of tenant damages rental property in Ontario must be documented and addressed promptly to seek remedies.
Damage Deposits and Legal Recourse in Ontario
Damage deposits are not legal in Ontario, but if the tenant intentionally damages your property, landlords are able to withhold the rent deposit (typically first and last month’s rent) to cover repairs for damage beyond normal wear and tear.1
In instances of intentional damage, you also have grounds for eviction if you haven’t already taken action.1 This is a critical step when dealing with tenant damages a rental property.
What Is Normal Wear and Tear on a Rental Property Ontario?
Normal wear and tear refers to the gradual deterioration of a property due to ordinary use. Examples include faded paint, worn carpets, and minor scratches on floors. Landlords cannot expect tenants to pay for repairs related to normal wear and tear.
Negotiating Repairs
The larger problem of tenant damage to property, is when there is a wider disparity between the deposit held and the total damage caused. In many cases property owners choose to eat the added costs for repairs which can be a bit frustrating.1
However, the smart approach is to always first ask the tenant to cover the costs of the excess damage. The request should be in writing with pictures. Also include a formal bill or invoices from reputable companies itemizing all the costs required to cure the damage.
It’s important to understand the difference between normal wear and tear and damage caused by the tenant. Landlords cannot withhold the rent deposit for repairs related to normal wear and tear.
What to Do If a Tenant Damages Property – Legal Recourses
Ontario is a friendly place, but chances are slim that the tenant will actually agree to remedying the situation but as mentioned above, reaching out first creates a paper trail which will give you additional firepower when you take the next step.
Appealing to the Landlord and Tenant Board (LTB)
Once you file your application for damages with the LTB, a hearing date will be set which will allow you to plead your case.2 While it does provide the tenant the opportunity to explain why they disagree with your application, you already have pictures and previous documentation showing that you tried to remedy the issue independent of the proceedings. The LTB can require the tenant to pay damages related to the matter.2
Other provinces have programs that favor landlords a bit more. Alberta is a fitting example as it has the Residential Tenancy Dispute Resolution Service that can award landlords up to $50,000 to resolve a tenant dispute.1
Small Claims Court
The last option would be to take the case to small claims court depending on the amount of rental property damage by the tenant. In Ontario, any amount above $35,000 must go to the Superior court where you can plead your case and try to obtain a judgment against your tenant.3
Evicting a Tenant Due to Property Damage
Choosing to evict a tenant who damages a rental property is certainly a possibility. However, ground your expectations. For example, in Ontario tenants have the right to automatically appeal a request for eviction made on the grounds of property damage.1
The Eviction Process
If you want to move forward with an eviction after damage to rental property by a tenant, start out by informing the tenant of the problem.2 Make them aware of the damage they have caused and ask them to correct it. Put everything you discuss with them in writing.
If the tenant doesn’t remedy the situation, then you have the right to provide them with a notice to end the tenancy. It’s important to use the correct and approved forms when providing notice.2 Also keep in mind if you can apply for an order of eviction if you escalate the issue to the LTB.
Legal Challenges
Understand that bad tenants often know how to abuse the legal system and, in some cases, use it as an opportunity to live rent-free for a period. While this can be frustrating, working the system is the best way to recoup your costs.
Landlord Responsibilities and Repair Obligations
Part of your responsibilities as a landlord is to maintain the rental property in a habitable condition and completing repairs for issues beyond normal wear and tear. You cannot withhold the rent deposit for repairs related to your own maintenance obligations.
That said, if a bad tenant does cause excessive damage to a property, you have some discretion over what items need to be addressed.
Differentiating Between Cosmetic and Essential Repairs
Landlords are responsible for repairs that affect the health, safety, and livability of the unit, regardless of whether they can recoup the costs from the tenant. For example, if there is damage that is purely cosmetic, you might not want to waste your time fighting to recoup your loss or cure the damage done.
However, if the damage results in your rental failing to meet health, safety, and maintenance standards (outlined by municipal and provincial law), then you are required to remedy those items — regardless of whether you recoup the costs from your bad tenant.2
Examples of Repair Obligations
Some examples of systems include electrical and plumbing work, heating systems, structural items such as walls and ceilings, and even windows, doors, and locks.2
Conclusion
Dealing with a destructive tenant can be a frustrating and costly experience. By understanding your rights as a landlord, taking proactive measures to screen tenants, and knowing how to handle damage claims, you can minimize the financial and emotional impact of such situations.
Remember, it’s important to document everything, from initial communication to repair costs. Consulting with a legal professional can also provide valuable guidance and support.
By taking these steps, you can protect your investment and ensure a smoother landlord-tenant relationship.
Sources
1 CTVNews.ca Staff. (2018, June 9). Landlord rights: What to do if a tenant trashes the place. CTVNews. Retrieved April 6, 2022, from https://www.ctvnews.ca/business/landlord-rights-what-to-do-if-a-tenant-trashes-the-place-1.3966744
2 Tribunals Ontario. (2018, July). Brochure: Maintenance and Repairs. Landlord and Tenant Board. https://tribunalsontario.ca/documents/ltb/Brochures/Maintenance and Repairs (EN).pdf
3 Simon Shields, LLB. (2020, September 1). LEGAL GUIDE: RESIDENTIAL LANDLORD AND TENANT LAW (ONTARIO) – Ch.16 Civil Remedies. Retrieved April 6, 2022, from http://www.isthatlegal.ca/index.php?name=civil_remedies.tenant_law_ontario
